Kaushal Rai vs State Of Bihar on 3 November, 2010

Patna High Court – Orders
Kaushal Rai vs State Of Bihar on 3 November, 2010
                 IN THE HIGH COURT OF JUDICATURE AT PATNA
                             Cr.Misc. No.35754 of 2010
                          KAUSHAL RAI SON OF BAIJNATH RAI
                                          Versus
                                   STATE OF BIHAR
                                        -----------

3 03.11.2010 Heard both sides.

Petitioner has renewed his prayer for bail in view of the

liberty so granted to him by order dated 12.8.2009 passed on his

earlier bail application (Annexure-1). Order at Annexure-1

eloquently indicate the reasons for rejection of his bail.

In view of the observations made in concluding

paragraph of order dated 12.8.2009, status report was called for

in this case. The same is at Flag-X. It appears therefrom that

charges have been framed against the petitioner on 1.9.2009 and

steps have been taken to ensure appearance of the prosecution

witnesses.

Learned counsel for the petitioner submits that

petitioner is in custody since 9.2.2009.

Having regard to the materials on record including the

status report, this Court, while declining the prayer made on

behalf of the petitioner, disposes of the application with the

following order:

let the Trial Court endeavour and examine all

prosecution witnesses within 07 months from the date of

receipt/communication of the order in the Court below failing

which the Trial Court shall release the petitioner on bail on

furnishing bail bond of Rs. 10,000/- (ten thousand) with two
2

sureties of the like amount each to its satisfaction in connection

with Patory P.S. case no. 126 of 2008(S.T. no. 334/09) subject to

the following conditions:

(i) One of the bailers will be own/close

family member of the petitioner.

(ii) The petitioner shall appear in person on

each and every date fixed in the Court

below. In case of default on two

consecutive occasions without any

cogent/satisfactory reason, the bail bond

of the petitioner shall be cancelled and

thereafter the Trial Court will be at liberty

to secure his arrest in accordance with

law.

( Kishore K. Mandal, J. )
pkj

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